Mutation entry
Ahishek Shinde
(Querist) 01 June 2014
This query is : Resolved
X1, X2 and X3 are brothers having ancestral lands L1 and L2.
Partition and division happened among them. As per partition deed, X3 relinquished his rights from L1 and L2. L1 went to X1 and L2 went to X2. Mutation entry for this partition marked as M1.
Afterwards, after 4 years, X3 filed suit for partition in trial court and obtained decree of 1/3rd share in L1 and L2 by fraud. X1 and X2 filed appeal against this decree in district court. Meanwhile X3 made his name on land record of lands L1 and L2 based on trial court's decree. This mutation entry was M2. This M2 was completely illegal as final decree was not carried out.
After M2, X2 and X3 sold the land L2. This transaction marked with mutation entry M3.
X1 challenged mutation entry M2 as it was consisting his land L1. Revenue Authority declared M2 as illegal entry and ordered to set aside M2.
After this order, X1 went to Tahsildar to remove X3's name from L1 land. Tahsildar is refusing to remove X3's name with following reason.
According to him "Illegal mutation entry M2 consists of two lands L1 and L2. In case of L2 one more transaction happened and M3 carried out. X1 needs to challenge the sale deed as well to remove X3's name from L1".
X1 is not capable to challenge sale deed and M3 as he was not party(either seller or purchaser) for this illegal transaction. And also sale deed happened before 15 years. In such case, what is the legal remedy for X1? Your views with reference to citation are most welcome.
ROHIT SHARMA
(Expert) 01 June 2014
1. The fact deposed by the Teshildar that the entry M2 was illegal and deleted due to the court's order and this is what it means is that X3 is no way connected with L1 Or L2 the since the entry M2 has been extinguished then the name of X3 appearing in such entry has no residual effect upon declination of such entry.
2. Get the order published in local state news of cancellation of M2 entry.
Ahishek Shinde
(Querist) 01 June 2014
Thanks Rohit Sir.
What will happen with L2, will it belong to X2 or purchaser?
And is there remedy to recover exchange amount of sale deed from X3?
X3 took the benefit in form of money from L2 by selling it falsely.
Raj Kumar Makkad
(Expert) 01 June 2014
When M2 has been declared as illegal, the subsequent sale and M3 entered on that bases looses its significance. There is no need to get separate declaration for the cancellation of M3 and deletion of name of X3 from the array of the ownership. Once the name of X3 is deleted, his further sale is nothing but a sham document and there is no limitation to get such document declared as set aside from the civil court. After all X1 or X2 or both shall have to come forward for this purpose.
T. Kalaiselvan, Advocate
(Expert) 01 June 2014
I agree with the views of experts above on the subject. Thus a legal solution by way of declaratory suit as advised by expert Mr. Makkad may be contemplated with.
Raj Kumar Makkad
(Expert) 02 June 2014
Thanks Mr. T.Kalaiselvan for agreeing with me.
Rajendra K Goyal
(Expert) 02 June 2014
Agree with the views expressed by the expert raj kumar makkad ji.
R.K Nanda
(Expert) 02 June 2014
agree with experts.
